PLEASE READ THIS WEBSITE TERMS OF USE AGREEMENT (THIS “AGREEMENT”) VERY CAREFULLY. YOUR ACCESS AND USE OF THIS WEBSITE ARE EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THIS AGREEMENT.
IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT OR THE PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE, YOU MUST NOT ACCESS OR USE THE WEBSITE.
User Acceptance of the Website Terms of Use
MBM Intellectual Property Law LLP and MBM Intellectual Property Agency (together “MBM”, “we”, “our”, “us”) operate as sister partnerships that are internally integrated and share the same website, www.mbm.com (the “Website”). MBM provides respective expertise in litigation, patent, trademark, industrial design, copyright, and other related intellectual property matters, with offices in Ottawa, Vancouver, Calgary, Toronto, Montreal, and Halifax.
These terms and conditions constitute a legal agreement and are entered into by and between users of the Website (“you”, “your”, “user”) and MBM. This Agreement, together with our Privacy Policy, governs your access to and use, including any content and functionality offered on or through the Website.
As a condition of your use of the Website, you represent and warrant that you will not use this site for any purpose that is unlawful, inappropriate, or otherwise prohibited by this Agreement.
Changes to this Agreement
Please note that this Agreement is subject to change by MBM in its sole discretion at any time and without notice. Any and all such modifications are effective immediately upon posting and apply to the access and continued use of the Website. You agree to periodically review this Agreement in order to be aware of any such modifications, and your continued use shall be your acceptance of these changes.
No Lawyer-Client or Agent-Client Relationship is Established
Although the Website may be used to facilitate communications with us, no lawyer-client, agent-client, fiduciary, advisory, or any other relationship is established between you and MBM through your access or use of the Website.
Ownership
You understand and agree that all materials on this Website, including, without limitation, text, data, information, images, artwork, illustrations, audio clips, video clips, designs, logos, graphics, interfaces, or code and the selection and arrangement thereof (the “Content”), are protected by intellectual property rights owned and controlled either by MBM or its affiliates and subsidiaries or by third parties who have licensed their material to MBM. The Content may not be republished, posted, transmitted or distributed in any way without the prior written consent of MBM or except as specifically permitted on this Website. Modification of the Content or use of the Content for any purpose other than your own personal, non-commercial, institutional or home use is a violation of copyright and other intellectual property rights. Your use of the Website or Content does not grant or transfer any ownership of intellectual property or other rights in the Website or Content to you or any other third party. The use of any such material on any other website or networked computer is strictly prohibited. MBM reserves all rights not expressly granted under this Agreement.
No Legal Advice is Provided
The Content provided on the Website is for general informational purposes only and shall not be interpreted as legal advice or opinion. While we strive to keep the content on the Website up-to-date and accurate, we make no representations or warranties regarding its accuracy or completeness. We assume no obligation to update or revise any Content on the Website, and you should not rely upon such Content for any decision-making. We recommend that you seek independent verification or contact MBM to obtain professional advice before acting or failing to act based on any of the materials found on the Website.
Limited License
MBM grants you a limited, non-transferable, non-exclusive, and fully revocable license to access and use the Website for your personal, non-commercial use, subject to the terms of this Agreement, provided you do not delete or modify any copyright, trademark, or other notices associated with the Content. This license will automatically terminate upon termination of this Agreement. No rights in the limited license granted under this Agreement shall be transferred or implied except for those explicitly conferred herein.
Prohibited Uses
You are expressly prohibited from modifying, deleting, or altering any copyright, trademark, or proprietary rights notices, as well as accessing or using any part of the Website or its Content for commercial purposes. Any unauthorized printing, copying, or downloading of the Content will result in immediate termination of the limited license granted herein, and you must either return or destroy any copied materials. MBM retains all rights to the Website and its Content, and you are strictly prohibited from copying, reproducing, publishing, translating, communicating, modifying, preparing derivative works, reverse engineering, or using any registered trademarks, trade names, logos, or designs disclosed on the Website. You are also restricted from making any changes to the Website, adding harmful or malicious content or links, registering domain names confusingly similar to MBM’s trademarks or trade names, and engaging in activities that interfere with the Website’s proper functioning or violate applicable laws. You do not have the right to authorize anyone else to do any of these prohibited acts.
Security and Privacy
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect the information communicated to us, we cannot guarantee the security of any communications transmitted through the Website. Any transmission of Personal Information (as defined in our Privacy Policy) is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Website.
The security of your Personal Information is very important to us. We use physical, electronic, and administrative measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. By communicating with us and using the Website, you consent to the collection, use, reproduction, hosting, and transmission of your Personal Information in compliance with our Privacy Policy.
The safety and security of your information also depends on you. You are responsible for obtaining access to the Website. You are required to ensure that all persons who access the Website through your internet connection are aware of the terms of this Agreement and comply with them.
Third-party Links
The Website may contain links to third-party websites. Such links are provided solely for your convenience. MBM has not reviewed the other websites linked to the Website and is not responsible for the content of any off-site pages or any other websites linked to this Website. The inclusion of any such links does not imply an endorsement by MBM of any other websites, parties, products, or ideas. By clicking on any links, off-site pages, or other websites, you are subject to the policies of such third parties, not those of MBM. It is recommended that you review all policies of third-party websites before disclosing any personal or confidential information.
Linking to this Website
While third-party websites may link to the Website, such links shall not be interpreted as an endorsement, sponsorship, or affiliation with MBM. We are not responsible for the content, accuracy, or availability of any third-party websites linking to the Website.
Disclaimer of Warranty
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
MBM DOES NOT MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, MBM DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT COMMUNICATIONS MADE THROUGH THE WEBSITE ARE SECURE, THAT THE WEBSITE WILL BE COMPATIBLE WITH ANY PARTICULAR DEVICE, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK AND LIABILITY.
Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL MBM NOR ITS PARTNERS, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF MBM WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF MBM WAS ALLEGEDLY ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBLITY OF SUCH DAMAGES.
Indemnification
To the extent permitted by law, you agree to indemnify and hold MBM and (as applicable), MBM’s affiliates, partners, officers, directors, agents, and employees harmless against any and all claims, losses, liabilities, causes of action, damages, and/or expense (including but not limited to attorneys’ fees) whatsoever, made by another user or a third party, whether direct or indirect arising out of your breach of this Agreement or the Privacy Policy incorporated by reference, or your violations of any law or the rights of a third party arising from your use of the Website.
Governing Law and Choice of Forum
The access and use of the Website shall be governed by and construed in accordance with the federal laws of Canada and the province of Ontario, as applicable, without giving effect to any principles of conflicts of law. If any provisions of the terms herein prove unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions. By accessing and using the Website, you irrevocably submit to the exclusive jurisdiction of the courts of the province of Ontario with respect to all matters relating to your access and use of the Website.
Termination
MBM reserves the right to terminate or suspend your access to the Website at its sole discretion, without prior notice or liability. Such termination or suspension may occur for any reason, including but not limited to violation of the terms of this Agreement, abusive or inappropriate behaviour, or if MBM deems it necessary for security or legal reasons. Upon termination, your right to access and use the Website shall be immediately revoked.
Entire Agreement
The terms of this Agreement and our Privacy Policy constitute the sole and entire agreement between you and MBM regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
AODA Policy
MBM is committed to removing and preventing barriers faced by individuals with disabilities. In compliance with the Accessibility for Ontarians with Disabilities Act, MBM will take measures to provide equal access to its services for clients with disabilities. In addition, MBM will make every effort to provide accessible information and communication, and create and maintain a respectful, welcoming, and inclusive environment for all job applicants and employees with disabilities.
The AODA Policy can be downloaded here.
Reporting and Contact
Should you become aware of misuse of the Website, including libelous or defamatory conduct, or if you have any questions or concerns regarding this Agreement, please contact us at:
MBM Intellectual Property Law LLP
275 Slater Street, 14th Floor
Ottawa, ON K1P 5H9
Phone: 613-567-0762
E-mail: general@mbm.com
Last revised May 2023.